Legal Opinion

Griffin v. . Baker

Supreme Court of North Carolina

Decided October 13, 1926PublishedCited by 17 opinions

1Per curiam

Two causes of action are relied on by plaintiff: (1) Libel; (2) Abuse of the process of the court. The defendant demurred.

A demurrer to a pleading admits the facts stated therein for the purpose of passing upon the questions raised by demurrer. On demurrer a complaint will be sustained if its allegations constitute a cause of action or if facts sufficient for this purpose are logically inferable therefrom under a liberal construction of its terms.

1 R. C. L., p. 102, defines Abuse of Process: “Abuse of legal process consists in the malicious misuse or misapplication of that process to…

2Cases cited3 opinions

  1. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1906
  2. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1904
  3. Railroad Co. v. Hardware Co.Supreme Court of North Carolina · 1905

3Cited by17 opinions

  1. Beacon Homes, Inc. v. HoltSupreme Court of North Carolina · 1966
  2. Melton v. RickmanSupreme Court of North Carolina · 1945
  3. Melton v. . RickmanSupreme Court of North Carolina · 1945
  4. Ellis v. . WellonsSupreme Court of North Carolina · 1944
  5. Ellis v. WellonsSupreme Court of North Carolina · 1944

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